The Sun. — London, England, 1818-10-16 00:00:00

a Li itish Judge, thereiorc, 't-cce',ye - with every disposition - of kindness this grown' of de 'fence; but let it not be a galb assumed by ar tifice to deceive and mislead, While lam ready to acknowledge the interesting features of distress, 1 am vigilant to detect the subtle contrivances of art. NOW what is the truth of this case? That this vessel was in any serious distress cannot be pre tended. Thrt she might have wanted a little wa ter is very possible, but it must he made out to this Court that the deficiency did not arise either front design or from ate unittstifi,ible neglect ; and, let it have arisen limn whatever cause it might, that it was such as to lIIACC the crew in imminent danger o! perishing. The master says that they :mind themselve3 nearer to the land than they expected, ‘ehi h shews that his distress WiS 1101 stich as to have forced hint to serk a harbout. lie expresses his distress to arise from his water being scant, hut lac does not say that any incon xtutience had been experienced, or that be could not have prosecuted voyage. Besides, vessels are botind to have a sufficient quantity of water and provisions on board for the voyage in which they arc engaged, and it would be absurd to sup pose, that a seateity of water, arising out of ne glect, or, what is more probable, design, can Optl'Me to supersede the laws, and thcow open British ports to any adverturer who wa y w i s h to evade the regulations of British trade and na. vrcalion. 'the evidence on this and other points is ex tremely contiadictury. One says that vessels cold(' carry on ;-1 voyage without going into any harbour, and another says it would be impossible without the privilege of putting into some of the British ports for ‘vood and water ; and it is in evidence that they informed the Midshipman that they expected to supply them aelves with wood and water from the Htitish coasts. One of the witnesses expressly swears that they had full supply for their voyage, but that one of the barrels of water proving bad, they put into Pope's harbour to get a fresh supply ; also, that a ten gallon ca , lc of Water uvas spoiled by being put into an old gin cask. Now it would be'benentit the dignity of a Court to spend time in commenting on such evidence as this, brought forward to support a point which always requires to be made out in the most satisfactory manner, and in the proof of which such strictness has al ways betty observed. Nothing could have in duced me to give the attention 1 have done to it, but a great anxiety that this subject, which has already excited much public interest, should be thoroughly investigated; and that not only the principles of law, but the facts of the case, should be presented to the world in the clearest point of view. _ _ . I shall conclude my observations on this point of the case with ttie words of a Judge (Sir W. Scotr)., whose decisions are not only studied by Ora lawyer, nS t he sources of profound instroc tion, but arc read with interest by the enlighten ed and accomplished scholar, as tl►e finest exer cises of the human; intellect :—" Where the party justifies the act upon the plea of distress, it must i►ot be a distress which he has created himself, by putting on board an insufficieot quantity of water of provisions for such a voyage ; for there the aaistress is only a part of the mechanism at the • fraud, and cannot be set iu excuse lot it ; and in the next place, the distress most he proved by the claim tut in a clear and satisfaciory manner. It is evidence which conies Irons himself, and front persons subject to his power, and probably iu volved in the fraud, it any fraud there be, and therefore it is liable to be rigidly examined." The last point which is to be considered by the Court, is a right which has been set op by the claimant to enter the ports and harbours of this Province, and there to core the fish which he may have taken in the course of his fishing voy age. And certainly it such a right exists, the principles of law which I have laid down wit)► so much care will not be applicable to this vessel, sinless proof shall have been made of at► actual trading. Because it would not be consistent to permit foreign vessels to enter these harbours fur a certain purpose, and then to make that entry a ground upon which to raise the presumption of il licit trade. This right is asserted to belong to the citizens of the United States, under the treaty of peace entered into between his Britannic Ma jesty and the Government of that country, in the vear 1783 ; and it is contended in the first place, that a right to take fish on our coasts, and in our harbours and bays, and to cure the same on the shores of this Province, was absolutely acknow ledged and given by the third article of that treaty : and it► the second, that admitting the treaty granted only a privilege to do so, that such privilege still exists, because the treaty itself lots not been annulled. This question now results itself in a way which obliges the Court to enter into the full consideration of the right here as serted. Fur although it has already determined that it cannot take cognizance of it as a direct charge against this vessel, having no authority so to do ; yet as it becomes essential to the deter n►ivation of the second point in this cause, as it arises incidentally oat of the consideration of the municipal laws of the country, anti as it must be entertained in order to do justice to the parties svhose private interests are involved, it is its duty to sustain it, and to place it its such a point of view as may put an end to those doubts which state have affected to indulge on this subject. It might be sufficient for me to say, on this point, that his Majesty's Government having determined, that the privileges granted to the citizens of the United States by the treaty of 1783, to early on the fishery upon the coasts of this Province, and to cure fish in tl►e harbours thereof, haul ceased ; and that determination having been made known, it would not be necessary to consider this right as entitled to any attention. But as it will require brit little reasoning to spew the weakness of such pretensions, I shall take a cursory view of the grounds upon which this extraordinary right seems to have been placed. It will not be requisite for me, in this case, to enter into those general considerations of the rights of nations to a dominion of the sea, whicf► have occupied the attention of the gentlemen of the bar. Very able writers on abstract law have diffeted, both as respects the right of do minion over pat ticolar parts of the sea, and also as to the distance from the shore over which a nation holding the laud cxe-Cise toe rights Of sovereignty. When these important points shall he submitted to the Court, in a way which will render it incumbent on it to determine them, it will not shrink from so arduous a task, neither will it despair of placing them on g rounds which may find their support in the sound prin ciples of general and universal law ; principles which flow from the reflections of enlightened reason, corrected and confirmed by the usages and customs of the civilized world. J It Will 1101 , e, that those contradictions which may have been observed in the best writers are to be reconciled, by an attention to the characteristic circumstances of the different ages in which they thought and wrote ; and by an allowance for the influence which the fluctuating relations, the jarring- inte rests, and the various modifications of the claims and pretensions of natiois, cannot fail to pro duce even npon the most reflecting wind. 11Iuelt of that ditlerence found amongst writers of this desciiption, may be traced to the prevailing public sentiment, to national prejudices, and even to the eccentricity of individual opinion. But what • ever the difficulties are which those great toes might present, they do not meet the Court in this case. It is only necessary, in order to see the simplicity of this point, to read the article of the Treaty on which the claim is founded, and to determine whether that Treaty exists at the pre sent time. The words of the third article of the Irt.a•y are - - - " It is agreed that the people of the United States shall continue to enjoy, unmolested, the tight to take fish of every kind on the Grand Bank, :Ind on all the other Banks of Newfound land ; also in the Gulf of St. Lawrence, and at .all other places in the sea, where the inhabitants of both countries used at any time heretofore to fish. And also that the inhabitants of the United States shall have liberty to take fish, of every kind, on such part of the coast of Newfoundland as British fishermen shall use (but not to dry or core the same on that. island), and also on the coasts, hays, and creeks of all other of his Bri tannic Majesty's dominions in America ; and that the America❑ fishermen shall have liberty to thy and cure fish in any of the unsettled bays, har bours, and creeks of Nova Scotia, ;Magdalen Islands, and Labrador, so long as the same shall remain unsettled, but as soon as the same or tither of them shall he settled, it shall not be lawful for the said fishermen to dry or cure fish at such set dement, without a previous agreement tor that purpose with the inhabitants, proprietors, or pos j sessors of the ground." Now it is impossible to imagine words more clear than those. Two objects seem to have been in view : the first was the fishery on the Grand Bank, in the Gulf of St. Lawrence, and other places in the sea ; and the second was the privi lege which was intended to be granted to the people of the United States, to take and cure fish on the coasts, and in the bays, creeks, and har bours of the British dominions in North America. It would seem that the intention of the British Government at the time, was to acknowledge an absolute right in the people of America to fish on the 'Grand Bank of Newfoundland, in the Gulf of St. Lawrence, and other places in the sea ; but the Court is not called 'won, in this case, to determine that point. As respects the latter part of this article, it would be confounding all ideas of common sense, and throwing obscurity over the endinary perspicuity of language, to contend that the word " liberty," hoe used, can be con ceived to convey an absolute unqualified right. That it was received as a privilege at the time, and has been exercised as such until the late war, cannot be doubted. By accepting such privilege, that Government acknowledged the right to exist in Great Britain ; and the only question left for the slightest consideration is, whether that treaty is now in force or not ? It has been ingeniously argued on the part of the claimant in this cause, that the treaty of 1783 is now in force, because the late war being for a cause entirely new and distinct from the subjects of contention, which were terminated by that Treaty, the Declaration of War by the United States was not a violation of any of its artiules. And the words of sonic eminent ►writers would seem to support such a doctrine : but a little at tention to this subject will explain the grounds upon which the true and sound doctrine firmly rests. Grotins, Book 3, cal►. 20, section 27, has these words, "It is also a daily dispute when a peace may be said to be broken, which the Greeks call Paraspondema for it is not directly the same thing to give a new occasion of war and to break a peace. But there is a great difference between them, as well in regard to the penalty which the breaker incurs, as with respect to the liberty of the injured party to disengage his word, in the otl►er articles of the treaty." In a note, however, to these words, the principles, as received in mo dern times, and the reason upon which they are founded, are clearly laid down and explained.— " When a new occasion of war is given in this manner, the Treaty of Peace is thereby broken indirectly; and with regard to the effect, if sa tisfaction for the offence be refused. For then the offended having► a right to take arms in order to do hitusell justice, and to treat the offender as an enemy, against whom every thing is larvful; he may also undoubtedly dispense with observing the conditions of the peace, though the treaty has not been formally broken with regard to its tenor." — This distinction can scarce be of use in these days, 1 1 because Treaties of Peace are conceived it► such a manner, that they include an engagement to live in amity for the future in all respects, so that the least occasion of war, how new soever it be, may be deemed an infringement of the most important articles of . the Treaty. It will be found that the Treaty of 1783 contained an engagement that there should be a firm and perpetual pence be tween the two countries; and that such engage ment was violated by the declaration of the late war, no human being can be permitted to doubt. I ant therefore bound to declare, that the Treaty of 1783, and all the privileges depending thereon, have ceased. I have now fully considered the grounds of de fence in this case; and as I do not perceive either truth in the distress, or strength in the right, set up by the claimant, I feel myself compelled to pro nounce chili vessel, and the goods laden on board iii hCr, fo'he lia - ble to conLca , ion, fOr a Viulaii)a o f the laws of trade and navi4atioo. In pronouncing this judgment, I derive a con solation from the reflection, that my errors may be corrected by an appeal to one of the Most up right and letrned Judges the ‘‘orld ever slw. From the decisions of that tribunal I have humbly endeavoured to draw the principles Which should govern toe; and I trust, that when the solemn scrutiny to which this decree is open shall be made, it will be found, thA while my labours were directed by a sacred retard to the interests of an obscure and indigent fo'reigner, I did not forget the rights and the claims of every British subject, nor relax, by a feeble construction, that noble system of laws npon which the wisdom of ages had reared our national prosperity and great ness. INSOLVEN 1 DEBTORS' COURT. POWERS UNDER THE Act' OF PARLIANIENT. wiLLIAms V. NIELSONI. This was a case of very considerable import ance, involving a question as to the right of Ser geant RUNNINGTON to discharge a person front custody who had been committed under an at tachment front the Court of Chan"Cely.. It arose out of the application of John Melsoth for his discharge, which was opposed by Mr. Heath, on behalf of a Mr. and Mrs. Williams, on the ground that the Learned Sergeant had not the power to interfere with an order of the Lott! Chancellor. He, in the course of his argument, submitted that the present could not possibly lie taken as a money transaction, which would bring it within the 47th clause of the Act. The prisoner had been Co-Executor with his brother Richard, and had appropriated the sum of 1611. s. 3,1. to their own use, instead of paying it into the Bank of England. An application - had in consegnence beet' made to the Lord Chancellor by Mr. and Mts. Williams, praying his Lordship to order the money to be paid into the Bank in the name of the Accountant-General, which was ordered ac cordingly. This order not having been complied with, an attachment issued, and the defendant and. his brother were committed to prison. The patties had applied to Mr. Sergeant Palmer, who remanded them ; but the circumstance having occurred four years ago, the reason for his so doing did not op pe4r. Mr. Heath, in conclusion, admitted that the Goirt had the power of discharging the pri soner from the costs, but as the transaction could not be termed a money one, the prisoner could not avail himself of the Act of Parliament for the contempt. Mr. POLLOCK, for the prisoner, observed, that the brother had been yesterday discharged, not Lacing been opposed, in consequence of his hav ing given Messrs. Bell and Brodetick a sum of 201., and a Bill of Exchange for 501. more. The present, he contended, was a mere money trans action, and came within the 47th claose of the Act ; for on his paying into the Bank to England the sum in question he would be itmuctliata ly en titled to his discharge. Mr. WALF.BII, on the satlle side, contended, in addition to Mr. Pollock, that the two parties could not be separated, and that the Court le.ivicg dis charged the one were bound to discharge the ether. In fact, they had compromised with one, Laving received 701. of hint, And had hereby purged the contempt in the other. Mr. HEATH, in reply, observed, that the affi davit of Messrs. Bell and Broderick expressly stated that they received the 201. and the bill of exchange, which had not been paid, for Richard Melsom's costs only. If the prisoner were to pay 1,0001. lie could riot purge the contempt, for they were ordered to transfer the stock in•question how their own into the name of the Accountant-Ge neral, and until this was done, they must be in contempt. Sergeant RUYNINGTON, observing on the dif ferent arguments that had been used, s a id h e cou ld not bring his mind to the conclusion that the or der was one for the mere payment of money. 'flue order was made by the Lord High Chancel lor for a contempt ; it was not, as he had before said, for the payment of money, but to obtain the controul over certain property, the stiliit.ct matter of the order in question. In the present instance he should suggest the propriety of ap plying to a Court of Equity to discharge the or der, on the ground of the compromise that had taken place. The prisoner was then discharged front the costs of the suit in Chancery, anti his other debts ; but remanded as to the contempt. ATTEMPT AT Moyne R.-Nlr. Barnes, who kept a respectable academy in Hoxton-squate, having removed front his house to another ❑lore commo dious in the neighbourhood, sent his servant maid, who has lived in the family many years, on Mon day night to secure the shutters of the uninhabit ed house, on the inside; as soon as she entered, two men, who had concealed themselves upon the premises, seized her ; and, afer treating her exceedingly ill, forced her up to the garret door, and tied a cord round her neck, which they fas tened to the key-hole, left her hanging in that position, and went down stairs. A baker living next door heard a very great noise, which led him to suspect the house was being robbed; and in coo setpience he and Mr. Barnes went in with the view of catching the thieves : they proceeded tin sit►irs, and found the maid banging in the manlier de scribed. The baker held her in his arms whilst she was cut down ; she was in a very exhausted state, and a few minutes mote would have totally deprived her of lite ; but a medical Gentleman, who was called in, Navin;' used proper means, soon succeeded in restoring her. She then gave the above accemint of the horrid traosectioo.— Search was made after the ruffians, but without effect. AsbAssiNivrioN.—A niot daring alit! abomina ble outrage was committed Oil Saturday evening, in the town of Blennerville, county of Kerry.— Nicholas Freeman, a tithe-proctur, belonging to lbe Rev. Mr. Denny, of Church-hill, was waiting 101' entrance at the door of a shop at Blenncrville, when he was fired at by some unknown ruffian, who lodged three small balls in his body, and perforated his clothes with several others. The balls were extracted, anti there arc stroo ;! , baprs of the tinfOrtUnitte r 213 recovery — (Con!; Chro nicle 'CO.:IO*:C . ET.I.S I INOULs,SI'S. MELANCHOLY ACTID7NT.—N rest(' tihy o ' l ' ll4 an luquest was held before Tnom \s E-q Coroner. ,t St. liartholoineW'S HOSIHI ‘) llie . hody Of Robert M:tutill, whose death o'it:ori castoned by a wall falling down upon him.--."L Squires, labourer, of Lower-street, Is lingo9l4 deposed, that the deceased and him-self werC i erl , i a ; pkyed on Monday last to under iniue a die Newington ; the wall suddenly gave vraY deceased endeavoured to escape, but having tl tallgled his legs with a cord, he could not , 311 0 i the wall fell upon him ; he wAs extticated ". the rubbish in about two minutes, and was c°11 4 7 veyed to St. 13.3rtholcmcw's Hospital. Surg ic l l6 l, sistance being procured, his body wa s exami ll v i when both his thighs wet-e Found to be fracture, in a dreAtul manner, and he expired ?Jmust na• Verdict—" Accidental Death.: .' }1 t A NoTir Ebt ACCIDENT —AO 1 ',quest was ti e o the Woolpack Tavern, Enfield, before J° ll oC WitiGu'r 11NwiN, Esq. Coroner, on the bodY Alas , er Charles Sinilt ) a line boy, only Difie of age, son to Cloaks Stijl At' Esq of ro'llanc' place, C4va!tlit - .0)-square, who came to h is tle by a fal from hit poney, and being dragged a cog: siAerable distance by one of the stirrup s. Vcr diet—'' Accidental Death." SOMNAMBULISM.—AII sOrliSitiOn ► a tilke , ti c yesterday before 'l'. SH ELTON, Esq. coroner, the Alfred's Head, Lotulon-road, St. Ge°" c" Southwark, on the body of a voun:4 Gen t1 " 113 1: of the uano! of John Hassel!, a wholesale lit ' of draper, in Ft iday-street, Cheap.itle, s°ll W. Russell. Esq., of the Potteries, at 110i` `lt Yorkshire, who fell out of a window %%41 asleep. yercEct—' . Th e d eat h o f the de cegbe l was caused by his involuntary act, in gett . " l4° ::,l of his chamber window, and fallintf to the gr"''', ) - t during the time. he was asleep, or in a “" te delirium." Cot BlNATloN.—Committedlo Lancaster Ca4llB since W our last, John Kt nyou and ,Minsoti'li":ll):r son, for conspiring to rAise the prices c f I ce ; and Will. 11 oliertsflaW, Let Vii 13"):O': lUChard H u dson, Malthew Heap, Nichol...o-11'1, win, and James Alercer, committed for 3 cols dar months each, fur com er hinin to raise ‘ ali g cs cotton weavers.—(Lireipool Acireiti,er , ) BoxcHn —Last night, at ten o'clock. th e titans of bales and H all were to greet at Oi l r * :; Peter•street, Westionister g , to make o" c l e a whole of the stakes, tor the combatstart, he l ' e these milling heroes on Tuesday the 29th in a 24 feet ring, for 100 guineas. The was transferred to the hands of those to deposit it on each side, aw l co nscti' le' „. , would certainly be made good. Like th e between Randall and Tnrner, this will be 3,1",, ihC spurting one. Betting is 5t04 on Hall. V f .,o other fight, 5 to 4 on Randall, although has his strongfancicis. 011 tlt FATAL ACCIDENT.—As John Srnidio 3 . ofli t ' of about 16 years of age, and a lad of th e ed age. were going ul+ the river, and 11(0 101 : i roo` i Fulham Bridge, the wind suddenly clutoge‘‘',,te totted by the motion of the sails, smith t''fittt nately tell overhosrd, and was droxi le ; l :r fit ricer w4s immedi ncly dragged, and, , e o lia" days' exertions, the hotly WAS tOttild tO l "' one hundred yards of the bridge, yestert l ev e ing, and conveyed to the Workhouse, Ott Coronet's Inquest will sit on the b cidY evening. . R Est: it ECTION MEN —7.al IV V eSterofii 11 ti 1 14 a gang . of fellows got into the htirving•gniit;c' Pot tngal-st reet , Clare-mai t , and dng which they were packing into a liainlicr' they were discovered by the atelt. l ' 3l) :crr''' w s P"lng his rattle, and is few minutes 1:06e others t:;:nie up, Th e res ,„„ rec c,,,i, men I,OC thei , ,- escape over the wall io Clement's-1,01"p, tett their utensils (subject and all) ot° Page's slaughter-house. A large mastitl lorocy tacked one most furiously, but ttithooLt!leti were followed for some distance, thcy e ltec escape. T 0m ,, .._ .. __._...--_ -- o , i d l e, a s ( t ) ,::: r it u e e :n d g a7 her la s t t :v cat at t . ii•I ' l ' i llIt c 11 1 111 :1 1 d t..ei , l a . il l i r i r r i n g . K ._.__ ___.--- ---'" a c"c / ,'t 1 ----------- _ —---- - - . INIARKIED. yotl f li:. ; On Thorsdar lact, a t waito,,„„.Thame,, hrn a i , s ,,, .I.M i i F. l / 4 1. so Etizah;th, only surrivio , dam.; htcr of ti-', l ; u otY ' Kiriipattich Escott, Es q . of Oiigar-1-611, in the '''' A 0 • Slit I t V. . j kOl''' , ' 011; ill! 341 instant, at St. Leonard, Shoreditchto r;sil• gnAti , Xitnenes Capado•e, eldest soil of J. Capa,se;i.iioipo An ne NI u I idly, laic with Mrs. flute. !jai, of 1: 1, 0 ° deceast:d. _ ----"-/ .....----- (: i Lill,C: ttta. aged ii :•li r t st e .l s ,i, t ; i s, a n y .ast, : t morning l ii i it s t : . i l::: . 1: 1 i, t 1 ::: i . t: i i ,t h tl i: .,.l i f i i t . u o t r i . : . e v, i . i l l: , f or l i c. .." l t r i ' l ' e e te : t r ; Rev. ......(,w ;i i;, .. 1 litro w ( a ) t l t i .„ t ( 1 1 1 , e i l i C t ttliiieit7lsot:titiitv,eati);;,,,i,:i,s, :, 14.11e1 . 1. 1h , rsq• A '-- - ( ‘, .) l ii i "I' l t i l i e e sil l a , j3;ilinsutl,t.atiti.l2vich, Liaron Mag a "' ''''. ~ a of l' file rage-gardens, in his 7ist year , ; ' fa i r 1,1:1C , , libickfriars-road, aged 100. a t 1 13 : f On the 1:n h of .lugust,.iii lire c2Sth year of l'i',f, e ,' lit' , tr: ( l ) , ,, *n i l i, t , h , e2:(lion:,,lit,..rtt:::::.tiss:leivillc Voillif, L' , 'ol l3°' Trinity C:tille:;,e, (.:aailn idl,..;e, only son of Lady Col'" , el°' st in.re-paric, 13'iltsliii e. untts , dau;litei of John Butts, Esti of Kensington. .„,f lli' ° ,. se o? 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